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Category Archives: Evidence

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The Pendergrass Rule Is Dead.

Posted in Evidence
This month the California Supreme Court overruled Bank of America v. Pendergrass (1935) 4 Cal.2d 258 (Pendergrass). Seventy-five years ago, the Pendergrass court held that the fraud exception to the parol evidence rule could not be used to contradict any of a contract’s stated terms. In reversing the Pendergrass decision, the Supreme Court in Riverisland… Continue Reading

Avoid Waiving Your Opposition to Evidentiary Objections.

Posted in Evidence
Must a party oppose written evidentiary objections? The recent decision of Tarle v. Kaiser Foundation Health Plan, Inc., 2012 WL 2529207, though not officially published, answers this question. The Court of Appeal in Tarle concluded that a plaintiff’s failure to oppose a defendant’s evidentiary objections to her declaration opposing defendant’s summary judgment motion waived her… Continue Reading

California Supreme Court Throws Out the Waiver Rule!

Posted in Evidence
The California Supreme Court’s recent decision in Reid v. Google, Inc. is welcomed news for judges and trial lawyers. Previously, if a trial court failed to rule on objections to summary judgment evidence, the objections were waived and not preserved for appeal. (Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666, 670, fn.… Continue Reading

Spoliation as Evidence of Guilt

Posted in Discovery, Evidence, Trial
In determining what inferences to draw from the evidence against a party, the jury is permitted to consider a party’s willful suppression of evidence. Evid. Code Section 413. In Thor v. Boska (2nd Dist. 1974) 38 Cal.App.3d 558, a doctor, who was sued for malpractice, failed to produce his original charts. His explanation was that, after… Continue Reading